An invention is a unique or novel device, method, composition, idea or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor a proprietary interest in the patent over a specific period of time, which can be licensed for financial gain.
George Westinghouse Jr. was an American entrepreneur and engineer based in Pennsylvania who created the railway air brake and was a pioneer of the electrical industry, receiving his first patent at the age of 19. Westinghouse saw the potential of using alternating current for electric power distribution in the early 1880s and put all his resources into developing and marketing it. This put Westinghouse's business in direct competition with Thomas Edison, who marketed direct current for electric power distribution. In 1911 Westinghouse received the American Institute of Electrical Engineers's (AIEE) Edison Medal "For meritorious achievement in connection with the development of the alternating current system." He founded the Westinghouse Electric Corporation in 1886.
A heat pipe is a heat-transfer device that employs phase transition to transfer heat between two solid interfaces.
John Ernst Worrell Keely was an American fraudster and self-proclaimed inventor from Philadelphia who claimed to have discovered a new motive power which was originally described as "vaporic" or "etheric" force, and later as an unnamed force based on "vibratory sympathy", by which he produced "interatomic ether" from water and air.
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent. This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of paramount importance in both prosecution and litigation.
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent.
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability.
Jacob Perkins was an American inventor, mechanical engineer and physicist. Born in Newburyport, Massachusetts, Perkins was apprenticed to a goldsmith. He soon made himself known with a variety of useful mechanical inventions and eventually had twenty-one American and nineteen English patents. He is known as the father of the refrigerator. He was elected a Fellow of the American Academy of Arts and Sciences in 1813 and a member of the American Philosophical Society in 1819.
Parker v. Flook, 437 U.S. 584 (1978), was a 1978 United States Supreme Court decision that ruled that an invention that departs from the prior art only in its use of a mathematical algorithm is patent eligible only if there is some other "inventive concept in its application." The algorithm itself must be considered as if it were part of the prior art, and the claim must be considered as a whole. The exact quotation from the majority opinion is: "Respondent’s process is unpatentable under §101, not because it contains a mathematical algorithm as one component, but because once that algorithm is assumed to be within the prior art, the application, considered as a whole, contains no patentable invention." "The fact that the algorithm may not have actually been known previously and that, when taken in combination with other claim elements, it might produce an invention that is novel and nonobvious, plays no part in the analysis."
Victaulic is a developer and manufacturer of mechanical pipe joining systems, and the originator of the grooved pipe couplings joining system. The firm is a global company with 15 major manufacturing facilities, 28 branches, and over 3600 employees worldwide. Currently, its headquarters is located in Easton, Pennsylvania.
Hotchkiss v. Greenwood, 52 U.S. 248 (1851), was a United States Supreme Court decision credited with introducing into United States patent law the concept of non-obviousness as a patentability requirement, as well as stating the applicable legal standard for determining its presence or absence in a claimed invention.
Anderson's-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57 (1969), is a 1969 decision of the United States Supreme Court on the legal standard governing the obviousness of claimed inventions. It stands for the proposition that, when old elements are combined in a way such that they do not interact in a novel, unobvious way, then the resulting combination is obvious and therefore unpatentable.
Blake v. City and County of San Francisco, 113 U.S. 679 (1885), was an appeal from a decree that dismissed a bill filed by the appellant to restrain the infringement by the appellees of reissued letters patent granted to the appellant as the assignee of original letters patent issued to Thomas H. Bailey. The original patent was dated February 9, 1864, and the reissue September 18, 1877. They were for "a new and improved valve for water cylinders of steam fire engines and other pump cylinders." The specification, which was substantially the same in both patents, stated that previous to the invention therein described, the only valve used to relieve the pressure upon fire hose to prevent them from bursting was one operated by hand. To obviate the defects of such a valve, the inventor applied at some point between the engine or pump and the hose nozzle a valve which opened automatically by the pressure in the hose or the pump cylinder, so as to discharge an additional stream and thereby relieve the pressure.
In United States patent law, the machine-or-transformation test is a test of patent eligibility under which a claim to a process qualifies for consideration if it (1) is implemented by a particular machine in a non-conventional and non-trivial manner or (2) transforms an article from one state to another. Since the US Supreme Court decision in Bilski v. Kappos, machine-or-transformation test is considered "sufficient but not necessary" for patentable subject matter eligibility requirement.
Neilson v Harford (1841) 151 ER 1266 is a 19th-century English patent law decision that several United States Supreme Court patent law opinions rely upon as authority. The question, as Baron Alderson posed it, was “[W]here is the difference between claiming a principle, which is to be carried into effect any way you will, and claiming a mere principle?” The answer, as the opinions of the various courts that have considered the matter develop, is nowhere.
O'Reilly v. Morse, 56 U.S. 62 (1853), also known as The Telegraph Patent Case, is an 1854 decision of the United States Supreme Court that has been highly influential in the development of the law of patent-eligibility in regard to claimed inventions in the field of computer-software related art. It holds, essentially, that an abstract idea, apart from its implementation, is not patent-eligible.
Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U.S. 127 (1948), is a United States Supreme Court decision in which the Court held that a facially trivial implementation of a natural principle or phenomenon of nature is not eligible for a patent.
Radiators and convectors are heat exchangers designed to transfer thermal energy from one medium to another for the purpose of space heating.
Rubber-Tip Pencil Co. v. Howard, 87 U.S. 498 (1874), is an 1874 decision of the United States Supreme Court concerning the patent eligibility of abstract ideas. As explained below in the Subsequent developments section, it is intermediate in the development of that aspect of patent law from Neilson v Harford, through O'Reilly v. Morse, to Funk Bros. Seed Co. v. Kalo Inoculant Co., and then to Parker v. Flook, Mayo Collaborative Servs. v. Prometheus Labs., Inc., and Alice Corp. v. CLS Bank Int'l.
In US patent law, non-obviousness is one of the requirements that an invention must meet to qualify for patentability, codified in 35 U.S.C. §103. An invention is not obvious if a "person having ordinary skill in the art" (PHOSITA) would not know how to solve the problem at which the invention is directed by using exactly the same mechanism. Since the PHOSITA standard turned to be too ambiguous in practice, the U.S. Supreme Court provided later two more useful approaches which currently control the practical analysis of non-obviousness by patent examiners and courts: Graham et al. v. John Deere Co. of Kansas City et al., 383 U.S. 1 (1966) gives guidelines of what is "non-obvious", and KSR v. Teleflex (2006) gives guidelines of what is "obvious".
